City/County of Montgomery

The City of Montgomery was first issued a NPDES permit in 1995 for reducing pollutants to the maximum extent possible (MEP) before discharging into the City’s MS4. This permit aided the City of Montgomery with compliance of requirements established by The EPA Clean Water Act. Since then, there have been strong regulatory improvements for stormwater management on both the federal and state levels, and permits have been re-issued statewide in Alabama with more stringent requirements.

The City of Montgomery has adopted an ordinance into its municipal code which prohibits the discharge of non-stormwater into the MS4, and sets forth specific regulations for the management of stormwater runoff within the City of Montgomery. The City has also developed a Stormwater Management Plan (SWMP) to satisfy requirements of the permit and to guide land owners applicable to these regulations to be compliant with the ordinance.

Under the new permit, The City of Montgomery must: develop a program to address storm water runoff from new development and re-development; address post-development and include requirements for low-impact development practices; and establish post-construction storm water requirements. This requirement includes that all landowners and developers implement BMP’s for post-development so that post-construction runoff mimics, to the MEP, pre-construction hydrology of the site.

City of Montgomery Municipal Code

 ORDINANCE NO._ 56-2013

AN ORDINANCE ADOPTING GUIDELINES FOR EROSION AND SEDIMENTATION CONTROL AND REGULATIONS FOR ILLICIT DISCHARGE

DETECTION AND ELIMINATION (IDDE)

WHEREAS, the City Council for the City of Montgomery desires to promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the City of Montgomery; and

WHEREAS, during the construction process, soil is highly vulnerable to erosion by wind and water and eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species and also necessitates repair of sewers and ditches and the dredging of lakes; and

WHEREAS, the City Council for the City of Montgomery desires to regulate the discharge of non-storm water, into the City’s municipal separate storm water system (“MS4”) to the maximum extent practicable as required by federal and state law; and

WHEREAS, the City Council for the City of Montgomery recognizes the need to establish methods for controlling the introduction of pollutants into the City’s MS4 in order to comply with requirements of the National Pollutant Discharge Elimination System (“NPDES”) permit; and

WHEREAS, the City Council for the City of Montgomery desires to establish guidelines to safeguard persons, protect property, prevent damage to the environment by erosion and sediment control and establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to regulate the contribution of pollutants to the MS4 by storm water in the City of Montgomery.

Section 1. Administration.

The City Engineer of the City of Montgomery shall administer, implement, and enforce the provisions of this ordinance, on behalf of the City as a part of the City’s SWMP, and shall act as the “City Official” for the provisions of this ordinance. Any powers granted or duties imposed upon the City Official may be delegated by the City Engineer to persons in the employ of the City or, by written delegation of the City Engineer, to persons or entities acting in the beneficial interest of the City.

Section 2. Application.

(a) Before the commencement of any land-disturbing activity that is not exempted from obtaining a grading permit under this ordinance, the owner of the land on which such activity shall be conducted, or his duly authorized agent, must file with the City Official an application for the approval of the owner’s Construction Best Management Plan (“CBMP plan”).

Section 11. BMP Approval Requirements – Design and performance standards.

The following are required for all land-disturbing activities. All applications for a grading permit must contain, or be accompanied by, the materials and information necessary to satisfy the requirements of this Ordinance and must be accompanied by a CBMP plan. The CBMP plan shall be prepared by a qualified credentialed professional and shall include the following:

[…]

(d) The CBMP plan shall contain a description of the existing site conditions, a description of adjacent topographical features, the information necessary to determine the erosion qualities of the soil on the site, potential problem areas of soil and erosion and sedimentation, soil stabilization specifications, storm water management considerations, a sequence of construction and projected time schedule for the commencement and completion of the land-disturbing activity, specifications for CBMP plan maintenance during the project and after completion of the project, clearing and grading limits, and all other information needed to depict accurately the solutions to potential soil erosion and sedimentation problems to the MS4. The CBMP plan shall include the series of BMPs and shall be reviewed by, and subject to the approval of, the City Official prior to the issuance of the grading permit.

(e) Where appropriate, in the opinion of the qualified credentialed professional who prepares the CBMP plan, to the maximum extent practicable, the CBMP plan shall include measures to reduce erosion and other adverse impact to MS4 drainage which would result from an increase in the volume of water and the rate of runoff of water during the conduct of land-disturbing activities.

(f) Whenever the City Official determines that a CBMP plan does not comply with this ordinance, he shall notify the applicant in writing of the ways in which the CBMP plan does not comply with this ordinance.

(g) To the maximum extent practicable, sediment in runoff water must be minimized by using appropriate BMPs.

(h) Structural controls shall be designed by a registered professional engineer. Structural controls shall be designed and maintained as required to minimize erosion and pollution to the maximum extent practicable. All surface water flowing toward the construction area shall, to the maximum extent practicable, either be passed through the site in a protected channel or diverted by using berms, channels or sediment traps, as necessary. Erosion and sediment control measures shall be designed, according to the size and slope of the disturbed areas or drainage areas, to minimize erosion and to control sediment, to the maximum extent practicable. Discharges from sediment basins and traps must be conducted in a manner consistent with good engineering practices. Sediment-laden, or otherwise polluted, water discharged to MS4 must be addressed in a manner consistent with good engineering practices and the requirements of this ordinance.

(i) Control measures shall be maintained as an effective barrier to sedimentation and erosion in accordance with the provisions of this ordinance.

Section 12. Monitoring and inspection.

The City Official may periodically monitor the quality of storm water and the concentration of pollutants in storm water discharges from land-disturbing activities permitted to the MS4 pursuant to this ordinance.

Section 13. Detection of illicit connections, improper disposal and/or discharges.

The City Official shall take appropriate steps to detect illicit connections and eliminate improper disposal and/or discharge to the MS4, including the required dry-weather and wet-weather programs to screen illicit connections and improper discharges and identify their source or sources from land-disturbing activities.

Section 14. Inspections, Right for Inspection for Compliance.

  1. Pursuant to the terms of the Grading permit and/or the Grading permit application, the City Official, bearing proper identification, may enter and inspect all land-disturbing activities for regular periodic inspections, investigations, monitoring, observations, measurements, enforcement, sampling and testing to verify compliance with the provisions of this ordinance and the specific CBMP plan for such land-disturbing activities. The City Official shall inspect the construction site to confirm the implementation and the maintenance of the CBMP plan; otherwise, such site shall be inspected when the City Official believes, as a result of complaints or monitoring activity, that land-disturbing activities on the site are causing a substantial pollutant loading which threatens the MS4.
  2. Upon the refusal by any property owner to allow the City Official to enter, or to continue an inspection on, a site on which land-disturbing activities or construction work is being done, the City Official shall terminate the inspection or confine the inspection to areas to which no objection is raised. If an agent of the City Official was making, or attempting to make, such inspection, the agent shall promptly report to the City Official the refusal and the reasons for the refusal, if the reasons are known by the agent. The City Official may seek appropriate legal remedies to enable him to make or complete such inspection, including seeking appropriate legal remedies from the municipal court. If the court grants a remedy to the City Official, the property owner must reimburse the City of all the costs and expenses incurred by the City in obtaining such remedy, including court costs and reasonably attorney’s fees.
  3. If the City Official has reasonable cause to believe that discharges from the land-disturbing activities to the MS4 may cause an imminent threat to human health or the environment, an inspection of the site may take place at any time and without notice to the owner of the property or a representative on site. The City Official shall present proper credentials upon request of the owner or his representative.
  4. At any time during an inspection, or at such other times as the City Official may request information from an owner or his representative, the owner or representative may identify areas of its business, material or processes which contain a trade secret and an inspection of which might reveal such trade secret. To the extent practicable and as allowed by law, the City Official shall protect all information, which is designated as a trade secret by the owner or his representative.

Section 16. Accidental discharges.

  1. Release of hazardous materials. In the event of any discharge of a hazardous substance or a significant spill of a hazardous substance to the MS4 which could constitute a threat to human health or the environment, the Premises owner or operator of the Premises shall immediately notify emergency response agencies of the occurrence via emergency dispatch services (911) and shall also notify the City Official in person or by phone or facsimile not later than twenty-four (24) hours from the date and time of the release as to the occurrence of and the quantity of the release.
  2. Release of non-hazardous materials. In the event of a release of non-hazardous materials, said person shall notify the fire department and the City Official in person or by phone or facsimile no later than the twenty four (24) hours from the date and time of the release as to the occurrence of and the quantity of the release.
  3. The owner or operator of such property shall take all necessary steps to ensure the discovery, containment and cleanup of such spill so as to minimize any adverse impact to the waters of the State and waters of the United States caused by discharges to the MS4, including such improved or additional monitoring as may be necessary to determine the nature and impact of the discharge. Absent a compelling public interest to the contrary, it shall not be a defense for the owner or operator in an enforcement action that it would have been necessary to halt or reduce the business or activity of the site, or any project or facility thereon, to maintain water quality and minimize any adverse impact that the discharge may cause.
  4. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the City Official within three (3) business days of date of the phone or in person notice.
  5. Failure to provide notification of a release as provided above is a violation of this ordinance.
ARTICLE III. ILLICIT DISCHARGE DETECTION AND ELIMINATION (“IDDE”)

Section 1. Administration

The City Engineer of the City of Montgomery shall administer, implement, and enforce the provisions of this ordinance, on behalf of the City as a part of the City’s SWMP, and shall act as the “City Official” for the provisions of this ordinance. Any powers granted or duties imposed upon the City Official may be delegated by the City Engineer to persons in the employ of the City or, by written delegation of the City Engineer, to persons or entities acting in the beneficial interest of the City.

Section 2. Applicability

This ordinance applies to all properties (whether developed or undeveloped) that have storm water discharges associated with any and all land uses within the City of Montgomery, including but not limited to, residential, industrial, commercial, agricultural, and construction activity.

Section 3. Regulatory Consistency

This ordinance shall be construed to assure consistency with the requirements of the CWA and the AWPCA and acts amendatory thereof or supplementary thereto or any other applicable regulations.

Section 4. Ultimate Responsibility

The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants.

Section 9. Requirement to Prevent, Control, and Reduce Storm Water Pollutants through the Use of Best Management

(a) BMPs required. All commercial, industrial and high-risk facilities shall identify, implement and maintain BMPs for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the MS4, waters of the State or waters of the United States. Non-compliance with such BMPs will constitute a violation of this ordinance.

(1) EXCEPTIONS:

(i) Where BMPs are promulgated by the City or any federal, State or regional agency for any specific activity, operation, or facility which would otherwise cause the discharge of pollutants to the City’s MS4, waters of the State or waters of the United States, every person undertaking such activity or operation or owning or operating such facility shall comply with such requirements. Compliance with such BMPs shall be deemed compliance with the provisions of this ordinance.

(ii) Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with construction and/or industrial activity shall be deemed compliance with the provisions of this section.

(b) Responsibility to Implement Best Management Practices. Except as set forth herein, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering storm water, the MS4, waters of the State or the waters of the United States shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants.

The owner or operator of a commercial, industrial or high risk facility shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or Premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4.

ARTICLE IV. VIOLATIONS, ENFORCEMENT AND PENALITIES

Section 1. Enforcement Remedies for Violations.

(a) Warning Notice. When the City Official finds that any person has violated or continues to violate any provision of this ordinance or any order issued hereunder, the City Official may serve that person a Warning Notice specifying the particular violation to have occurred and requesting that the discharger immediately seek to cease any offending discharge and/or to correct any inadequate erosion/siltation control. Investigation and/or resolution of the matter in response to the Warning Notice do not relieve the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Nothing in this subsection shall limit the authority of the City Official to take any action, including emergency action or any other enforcement action, without first issuing a Warning Notice.

A Warning Notice, unless the City Official later elects to issue a Notification of Violation, will not be considered a First Violation for the purposes of this ordinance; however, a Warning Notice will be considered an additional violation.

(b) Compliance order. When the City Official finds that any person has violated, or continues to violate, this ordinance, he may issue a compliance order to the violator, directing that, within a specified time period, adequate structures and devices be installed, or procedures implemented, and properly operated or other action be taken to remedy such violation. Compliance orders may also contain such other requirements as may reasonably be necessary and appropriate to address such violation, including the construction of appropriate structures, installation of devices and self-monitoring and management practices.

(d) Stop-Work Order; Revocation of Grading permit. In the event that any person holding a grading permit or building permit pursuant to this ordinance violates the terms of the grading permit or implements site development in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City Official may immediately suspend or revoke the permit.

(e) Notification of violation. Whenever the City Official finds that any person is in violation of any provision of this ordinance, permit, or any order issued hereunder, the City Official or his agent may serve upon such person written notice of the violation by a Uniform Non-Traffic Citation and Complaint. This Notice of Violation shall contain:

  1. The name and address of the alleged violator;
  2. The address of the Premises (when available) or a description of the building, structure or land upon which the violation is occurring or has occurred;
  3. A statement specifying the nature of the violation; and
  4. Scheduled court date and/or pay date.

The City Official or agent may require without limitation:

  1. The performance of monitoring, analyses, and reporting;
  2. The elimination of illicit connections and/or illicit discharges;
  3. That violating discharges, practices, or operations shall cease and desist;
  4. The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property;
  5. Payment of an amount equal to administrative and remediation; and/or
  6. The implementation of source control or treatment BMPs.

ARTICLE II. - STORM SEWERS AND DRAINAGE

Sec. 23-41. - Maintenance of connections.

The owner or occupant of premises with which any storm sewer connection is made shall keep such connection in good order and repair at his own expense.

(Code 1980, § 40-37)

Montgomery, AL Stormwater Documents

State of Alabama STORMWATER DOCUMENTS

Alabama Handbook for Erosion Control, Sediment Control and Stormwater Management on Construction Sites and Urban Areas (Rev. No. 3 September 2014)

Runoff Conveyance...p. 93

   
  • Check Dam (CD)
  • Grass Swale (GS)
  • Riprap-lined Swale (RS)
  • Diversions (DV)
  • Lined Swale (LS)
  • Subsurface Drain (SD)
  • Drop Structure (DS)
  • Outlet Protection (OP)
  • Temporary Slope Drain (TSD)

 

Sediment Control...p. 129

 
  • Block and Gravel Inlet Protection (BIP)
  • Filter Strip (FS)
  • Brush/Fabric Barrier (BFB)
  • Floating Turbidity Barrier (FB)
  • Fabric Drop Inlet Protection (FIP)

 

Stormwater Management...p. 179

  • Bioretention Area (BA)
  • Porous Pavement (PP)
  • Stormwater Detention Basin (SDB)

 

Stream Protection...p. 197

 
  • Buffer Zone (BZ)
  • Stream Diversion Channel (SDC)
  • Channel Stabilization (CS)
  • Streambank Protection (SP)